Daniel Clark

Level 338

Penny-Lyn Beale on 16th July 2021

Burials in the Parish of St David's, Hobart Town in the County of Buckingham Year 1823 No; 661 Name; Daniel Clark When Died; 1823, 3 Feb When buried; 1823, 4 Feb Age; 54 years Ship’s Name; Almorah Quality or profession. Convict. By Whom Ceremony was preformed; Wm Bedford

Level 347

Maureen Withey on 31st May 2021

Colonial Secretary Index. CLARKE, Daniel. Per "Almorah", 1817. 1817 Sep 1 Signed testimonial to surgeon on "Almorah" (Reel 6047; 4/1739 pp.237-9) 1821 Jul 7 On list of prisoners transported to Newcastle per "Mermaid" (Reel 6008; 4/3504 p.142) 1821 Dec 27 On list of prisoners at Newcastle under sentence from the Criminal Court in Van Diemen's Land (Reel 6008; 4/3504A p.201) c.1822 On list of convicts at Port Macquarie (Reel 6019; 4/3864 pp.344-5) 1822 Sep 23-Oct 21 Sentenced to death; commuted to transportation to Macquarie Harbour. In reports of prisoners tried at Court of Criminal Jurisdiction (Reel 6023; X820 p.69) 1822 Nov 5 Commutation warrant (Reel 6070; 4/7020 No.105) 1822 Nov 5 Tried in Sydney. Sentence commuted to transportation (Reel 6070; 4/1265 p.10) 1822 Nov 27 On list of convict runaways from Port Macquarie embarked on the "Elizabeth Henrietta" for Hobart (Reel 6009; 4/3506 p.479) 1822 Nov 28 Prisoner to be embarked on board "Elizabeth Henrietta" for Hobart (Reel 6010; 4/3507 p.1) ---------------------------------------------------- On Thursday 13 convicts, who arrived in the ship St. Michael from Calcutta, were landed. Amongst them are five out of the thirteen piratical convicts who took out the Young Lachlan schooner in March 1819; in which they were wrecked upon an Island on the Coast of Java. They were seized and imprisoned at Batavia, where several of them died. The names of the five who are now brought back are, Daniel Clarke, Christopher Read, Malcolm Campbell, Samuel O'Hara, and Patrick Cotton. Hobart Town Gazette, 30 Sept 1820. -------------------------------------------------- Hobart Town Intelligence. Court of Criminal Jurisdiction. FRIDAY, Jan. 26.—This day the Court assembled at ten in the forenoon ; and proceeded on the trial of four out of the thirteen convicts who took out of the port of the River Derwent, in the night of the 27th of February 1819, the Young Lachlan schooner, which was afterwards burnt to the water-edge upon an island on the coast of Java, and the four now placed at the bar were brought back to this Colony from India in the ship St. Michael. In the first instances the whole of these prisoners were seized and imprisoned in Batavia, where several of them died. Five were returned by that vessel ; one was admitted an evidence on the part of the Crown against the others ; and the four left to be tried were, Daniel Clarke, Samuel O'Hara, Patrick Coulton, and Christopher Read, a youth; Malcolm Campbell was the approver. In this case the prisoners were not, of course, indicted for piracy, as the crime was not committed on the high seas, but on a navigable river within the county. They were, therefore, charged with cutting out, and stealing goods on board of, the Young Lachlan schooner, in the Derwent River. The first witness examined was the mate of the schooner, Richard Maynard, whose evidence, with that of the other witnesses among whom was John Hebden, who was also on board of the vessel at the time when she was taken away, together with the testimony of Malcolm Campbell, the accomplice, disclosed all the facts connected with the case, and clearly proved the guilt of the prisoners, as charged against them in every particular. The prisoners varied in the matter of defence ; some asserted their innocence, by stating that they had escaped from the colony in an open boat, and others on a ship called the Venus. His Honor the Judge Advocate, upon the evidence being closed, entered into observations upon the case, to which we can only just refer. As the prisoners in this case stood charged on the 24 Geo. II. chap. 45, with cutting out and stealing goods on board the Young Lachlan schooner, the nature of the case would not, of course, come within the meaning of piracy; inasmuch as to constitute piracy, it was necessary that the crime in question should have been committed on the high seas; whereas in fact it was clear that the Young Lachlan was taken out of an harbour called Sullivan's Cove. The Judge Advocate took occasion to remark, that the Court of course would look with great jealousy on the evidence of the accomplice. As far as his evidence was corroborated, it was certainly entitled to credit; but how much further, was for the Court to determine; but, at the same time, if they did believe his testimony, there can be but one impression on the mind of the Court. If he can be believed, there could be no doubt but that Clarke did navigate the vessel, and acted as the master of her throughout the voyage. If the prisoners got away from the Colony in any other vessel but the Young Lachlan, then, of course, the prisoners would he entitled to a judgment of not guilty, but if, on the contrary, the Court were satisfied that that the prisoners did cut out the Young Lachlan for the purpose of effecting their escape, and converted the cargo to their own use, then Public Justice demanded that an example should be made of the prisoners, to deter others from the commission of a crime in which so many lives had been lost, and which led to such mischeivous effects, as to the general security of persons and property. If the Court had any doubt, that doubt would of course be given in favour of the prisoners; but it was for the Court to determine, under all the circumstances of the case, the guilt or innocence of the prisoners. The Court then retired for nearly an hour, and adjudged all the prisoners — Guilty. Sydney Gazette, 17 Feb 1821. -------------------------------------------------- Hobart Town Intelligence. Court of Criminal Jurisdiction. SATURDAY, FEB. 3.—This day the Court assembled at one o'clock; when the following prisoners that had been convicted and remanded for sentence, were placed at the bar, and the following sentences pronounced. Of Death on: Daniel Clark, Samuel O'Hara, Patrick Coulton, and Christopher Read, for stealing goods from on board, and cutting out the Young Lachlan, schooner, then lying in the Derwent River: Sydney Gazettte, 17 Mar 1821.

Level 347

Maureen Withey on 10th February 2020

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 10 February 2020), October 1816, trial of DANIEL CLARKE (t18161030-39). DANIEL CLARKE, Theft > pocketpicking, 30th October 1816. 1136. DANIEL CLARKE was indicted for stealing, on the 24th of September , from the person of Peter M'Donald , a pocket handkerchief, value 2s. his property . PETER M'DONALD . On the 24th of September last, I was coming along Bishopsgate-street, and opposite the London Tavern I felt something at my pocket. I turned round, but could see nobody. At the corner of Cornhill , I felt my other pocket attacked by a person whom I had not seen before. I I put my hand to my pocket, and turned on my heel, but my handkerchief was disposed of. The prisoner was within a foot of me. I could have no doubt, but that he was the person, as there was no one near. I accused him, and he instantly drew the handkerchief from his side pocket, and begged that I would not prosecute him, as he was a poor man. I however resisted his entreaties, and he then abused me, and declared that I was one of Vaughan's gang. To avoid his escape, I threw up his heels, and held him on the pavement, and kept him until an officer came. (Property produced and sworn to.) GUILTY , aged 43. Transported for Life . London Jury, before Mr. Common Serjeant. POLICE OFFICE, March 22d, 1819. THE Under-mentioned Convicts, having, on the Night of the 27th of February last, piratically cut-out and carried off the Schooner Young Lachlan from this Port, their Names and Descriptions are now published for general Information. Daniel Clarke, 5 f. 5¾ ins. high, complexion dark, brown hair and eyes, aged 43, is a seaman, was tried in London in October 1816, and was sent out to Sydney for life, in the Almorah, and to this place in the Pilot ; he was born at Leith, and has lost a finger and thumb off his left hand.